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Comments by Shane Jones that Justice Cheryl Gwyn was “a Communist Judge’ have lead to the inevitable criticism and complaints from lawyers.
Justice Gwyn, appointed to the High Court in 2019, was formerly the Inspector-General of Intelligence and Security.
A former partner at both Chapman Tripp and Russell McVeagh she had reportedly been a member of Socialist Action when a law student.
The New Zealand Bar Association has written to Attorney-General Judith Collins seeking action on this matter.
This comes after Minister Shane Jones referred to a High Court judge as “communist” during a meeting with the seafood industry. Prime Minister Christopher Luxon defended Jones’ comment, calling it “descriptive, not critical.”
Bar Association president Maria Dew (pictured) said that such remarks cannot be dismissed as mere political rhetoric, saying that ministers have a duty to uphold the role of judges.
The association highlighted the vulnerability of judges, who cannot defend themselves or their judgments. She stressed the importance of maintaining separation of powers, urging ministers to refrain from personal criticism of judges or court leadership.
The Bar Association warned against following examples from other countries where judicial independence has been compromised.
While acknowledging that judicial decisions should be open to debate, the organization emphasized the need for politicians and leaders to be mindful of how they discuss the judiciary.
She made the commonly held view that judges must be able to freely fulfill their constitutional duties in New Zealand.
Attorney-General Collins had previously reminded ministers about respecting boundaries between government branches and their ministerial obligations.
This issue has gained attention following comments by Jones and Minister David Seymour about the judiciary and the Waitangi Tribunal, which the Prime Minister has described as “ill-considered.”
